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Legal Studies > Jury Systems > Flashcards

Jury Systems Flashcards

1
Q

What is a jury in SA?

A

Randomly selected panel of 12-15 adults who are summoned to decide a matter of fact at a criminal trial involving an indictable offence.

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2
Q

How many people are on a jury?

A

12-15 adults

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3
Q

What do juries decide?

A

A matter of fact (guilty or not guilty)

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4
Q

What type of trials can involve juries in SA?

A

Only for indictable criminal offences where the accused pleads not guilty

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5
Q

Which SA courts use juries?

A

A person charged with an indictable criminal offence has a statutory right to trial before peers in the District or Supreme courts

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6
Q

Where in the constitution is the right to a trial by jury enshrined?

A

Section 80 of the constitution enshrines the right to trial by jury for a federal indictable offence

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7
Q

What type of constitutional power is criminal law?

A

residual power of the states.

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8
Q

Where are most jury trials conducted?

A

In the states

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9
Q

What are jurors considered?

A

Peers of the accused and an extension of democratic principle that allows ordinary citizens to actively participate in the administration of criminal justice

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10
Q

What is the role of the jury?

A

to hear all admissible evidence, weigh it up and construct their own version of the facts in dispute to reach a verdict consistent with those facts and the legal principles set out by the trial judge.

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11
Q

When can juries convict someone?

A

Can only convict if convinced that guilt has been proven beyond reasonable doubt.

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12
Q

How do jury deliberations occur?

A

In private

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13
Q

Do juries need to give a reason for their verdict?

A

No

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14
Q

What act outlines the process for selecting the jury?

A

Juries Act 1927 (SA)

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15
Q

Are there juries in civil trials in SA?

A

No

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16
Q

What is the 2-part process to select a jury?

A

Compiling the jury list and empaneling the jury

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17
Q

Who compiles the jury list?

A

Sheriff

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18
Q

How is the jury list compiled?

A

Random selection
Vetting by Police Commissioner
Summonsing potential jurors
Final vetting

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19
Q

What is the basic eligibility for jury service in SA?

A

Over 18, under 70
On the electoral roll for the election of the House of Assembly (SA)

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20
Q

What is random selection?

A

6000 names randomly selected from the electoral roll (Adelaide district)

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21
Q

What is vetting by police commissioner?

A

400 names randomly selected from the 6000 and vetted by the police commissioner who removes disqualified people

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22
Q

What is sumonsing potential jurors?

A

From remaining list, summons sent randomly to 220

23
Q

What is final vetting?

A

Summonsed jurors return form saying:
- They are ineligible or disqualified
- Applying to be excused or for a deferral
- Agreeing to report for jury duty
140 jurors identified and take part in monthly service induction. From this 140, they are divided into jury sections (25) and allocated to trials.

24
Q

What are the two types of classifications for those who can’t serve on a jury?

A
  • Ineligible persons
  • Disqualified persons
25
Q

Who is considered an ineligible person and falls under general ineligibility?

A
  • People who are mentally or physically unfit.
  • People who have an insufficient command of English
  • People with certain occupations listed in the juries act such as governor, the lieutenant governor and their spouses or domestic partners, ministers and their spouses/domestic partners, MPs, members of the judiciary or magistracy and their spouses or domestic partners, justices of the peace who perform court duties and their spouses/domestic partners, practicing lawyers, members of the police force and their spouses/partners, and employees of certain government departments
26
Q

Who is considered a disqualified person?

A

People who have served a prison term including those who have been
- imprisoned for a crime where life sentence is the mandatory or maximum term
- imprisoned for a term exceeding 2 years
- imprisoned within the last 10 years (or on probation or parole)
- within the past 5 years convicted of an offence punishable by imprisonment, had licence disqualification for >6 months, been under a good behaviour bond or charged with an offence punishable by imprisonment and the charge has not yet been determined.

27
Q

Why are certain occupations ineligible?

A
  • Public positions must be seen as being completely separate from the operation of the administration of criminal justice
  • People employed in the justice system are released to allow the system to function effectively
  • Justice can be seen to be done - avoid any possible perception of bias
28
Q

How are eligible persons excused?

A
  • Applications to excuse must be a signed statutory declaration
29
Q

Which eligible persons can apply to be excused?

A
  • Priest, rabbi or minister, or
  • conscientious objector
30
Q

How can eligible people be temporarily excused (deferring of duty)?

A
  • illness
  • pregnancy
  • study commitments
  • pre-planned travel arrangements
  • business or professional commitments (highly paid professional are commonly excused)
31
Q

What is the empanelling process?

A
  • Selection of 25 jurors observe arraignment (pre-trial)
  • Names of all witnesses read out
  • Jurors excused who know witnesses
  • Names drawn randomly: walk towards jury box
  • 3 peremptory challenges: no reason required
  • Challenges for cause: unlimited - judge rules
  • Can empanel up to 15 jurors, only 12 decide final verdict
32
Q

What are the two decisions jurors can come to?

A

Guilty and not guilty

33
Q

What are the types of verdicts?

A

Unanimous verdict, majority verdict, hung jury, perverse verdict, alternative verdict

34
Q

What is a unanimous verdict?

A

When all jurors agree

35
Q

What is a majority verdict?

A
  • After 4 hours no unanimous agreement
  • Majority verdict possible (10 of 12)
    • Not guilty (any offence)
    • Guilty (not murder or treason)
36
Q

What is a hung jury?

A
  • When jury cannot reach a statutory minimum requirement - e.g. 11-1 guilty for murder or 9-3 split
  • Mistrial declared - trial abandoned
  • DPP has to decide whether to have a retrial
37
Q

How many jurors must there be for jury trials to continue?

A

must be at least 10 jurors (if some drop out due to illness or other reasons)

38
Q

Does the double jeopardy rule apply for mistrials?

A

If there is a mistrial, the double jeopardy rule does not apply as accused has not been found not guilty (not been acquitted)

39
Q

What is a perverse verdict?

A

A perverse verdict is where the jury’s decision is contrary to the facts / evidence law. Such verdicts may well be appealed.

40
Q

Can a jury’s verdict of not guilty be appealed?

A

A jury’s verdict of not guilty cannot be appealed

41
Q

What is an alternative verdict?

A

guilty of manslaughter on a charge of murder

42
Q

What section of the Juries Act prohibits the use of juries in civil trials?

A

s5 of Juries Act 1927 (SA)

43
Q

For what civil trials are juries not allowed in the NT?

A

Tort and defamation

44
Q

How many jurors empanelled to hear civil cases in NT?

A

Jury of 4. Selection process is different to criminal trials.

45
Q

What are the 2 possible outcomes if a jury can’t reach a verdict in an NT civil trial?

A
  • If after deliberating for 6 hours jurors are unable to agree- if 3 jurors agree the court accepts that verdict
  • If after 12 hours jurors can’t reach a decision, court discharges jury from reaching a verdict.
46
Q

How does NSW use juries in civil trials?

A

mostly used for defamation cases. Juries have 4 people. Not commonly used and at the cost of parties.

47
Q

How does Vic use juries for civil trials?

A

jury has 6 people. Whether a jury can be used is decided by the type of remedy being sought, and whether it is sought under common law or legislation.

48
Q

How does QLD use juries for civil trials?

A

Civil trials have 4 people under Juries Act 1995 (QLD)

49
Q

How does Tas use juries in civil cases?

A

Juries have 7 people, Use is limited due to the expense, however, can by used across a range of civil matters. Verdicts can be returned with a majority verdict ( 5 of 7 jurors)

50
Q

How does WA use juries in civil trials?

A

Rarely used. Has 6 jurors. Majority verdict = 5 out of 6 after 3 hours of deliberating

51
Q

How does the Norfolk Island use juries in civil trials?

A

Civil juries have 6 people. Party requesting the use of the jury must pay a fee to the court.

52
Q

What is the only other Australian jurisdiction which doesn’t allow juries in civil trials?

A

ACT

53
Q

What are some strengths of the jury system?

A
  • Independent of political pressure and reflects commonsense of the community
  • Democratic as it represents the community
  • Safeguards Freedom
  • Cross section of the community, reflects community values, decisions more acceptable
  • Public scrutiny of actions of police and courts
  • Ensures fair treatment with some protection against wrongful convictions
  • Flexibility as jury can depart from precedent and do not have to give a legal reason for their decision
  • Education as it provides an opportunity for the public to learn about the justice system
  • Makes the law understandable as the involvement of the public makes the law simplify its processes
  • Spreads responsibility as the more people involved, the less likely that personal prejudices will influence the decision
54
Q

What are some weaknesses of the jury system?

A
  • judges are better equipped to perform the fact-finding function
  • juries don’t give reasons for their decision
  • they are costly and time consuming
  • they may have problems understanding complex evidence
  • they are easily influenced by emotion or bias and may be swayed by skilled barristers
  • unanimous v majority verdicts wastes time and money
  • juries are not representative as many people do not perform jury service
  • jury is more likely to acquit in criminal cases
  • perverse verdicts undermine the law

Legal Studies (29 decks)

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